Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S. 13---Sindh Rented Premises Ordinance (XV11 of 1979), S.21---Default in payment of rent---No written agreement existed between the parties regulating the tenancy---Tenant contending that landlady had insisted for enhanced rent and for that reason did not accept rent for December 1976---Tenant delayed the tender of rent till April 1977---Mere refusal to accept rent by landlord, held, would not absolve the tenant from his liability to tender rent in the manner prescribed by law ---Tanant's own deposition, that the landlady demanded increased rent in December 1976, but still the tender of rent was delayed uptil April 1977, proved the default in spite of the statutory allowance. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Sindh Rented Premises Ordinance (XVII of 1979, S.21---Default in payment of rent---Tenancy from month to month---Acceptance of arrears of rent in lump sum in past does not absolve liability of tenant to pay rent regularly---Finding of Rent Controller regarding payment of accumulated rent being matter of practice was unfounded and unsustainable. Mst. Alima Ahmed v. Amir Ali P L D 1984 SC 32 and Shahryar Ali Pataudi and 3 others v. Messrs Decora Furnishers P L D 1985 Kar. 47 rel.   West Pakistan Urban Rent Restriction Ordinance (VI or 1959)--- ---S.13---Sindh Rented Premises Ordinance (XVII of 1979), S. 21---Default in payment of rent---Default in payment of rent within prescribed period would make tenant liable to ejectment notwithstanding subsequent payment of arrears of rent unless tenant could make out a case of waiver on part of landlord. [p. 709] C Muhammad Ahmed v. Mst. Qamar Anwar Shaikh 1980 C L C 664 rel. West Pakistan Urban Rent Restriction Ordinance (V1 of 1959)--- ---S.13 (2)---Sindh Rented Premises Ordinance (XVII of 1979), S. 21---Ejectment on ground of default in payment of rent---Judicial discretion vested in Rent Controller to direct or not to direct the ejectment even if default is proved---Such discretion amounting to extension in the statutory grace period is not to be exercised arbitrarily---Rent Controller has to…